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CHERNE INDUSTRIES, INC. v. MAGALLANES

No. C-7534.

763 S.W.2d 768 (1989)

CHERNE INDUSTRIES, INC., Petitioner, v. Juan MAGALLANES, Guardian Ad Litem, Respondent.

Supreme Court of Texas.

Rehearing Denied February 15, 1989.

Attorney(s) appearing for the Case

William E. Hooks, Jr., Clark & Gamble, San Antonio, for petitioner.

E. Dale Robertson, Robertson & Nunez, Charles E. Sweetman, Law Offices of Allison & Sweetman, Brownsville, William J. McCarthy, Adams & Graham, Harlingen, Paul Q. O'Leary, O'Leary, Dale & Malany, Brownsville, Robin W. Welch, Lewis, Pettitt & Skaggs, McAllen, for respondent.

OPINION

PHILLIPS, Chief Justice.

This is a limited appeal from an award of guardian ad litem fees in connection with the settlement of a wrongful death action. The principal issue before this court is whether the petitioner, Cherne Industries, Inc., timely requested the trial court to make findings of fact and conclusions of law regarding the award. After holding that Cherne did not make a timely initial request to the trial court, the court of appeals,...

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